Lake County DUI Lawyer

Lake County, IL DUI Attorney

Driving a car when using drugs or alcohol is illegal in every state. The penalties for driving under the influence (DUI) can be very severe, especially if you have prior DUI convictions. These DUI penalties are designed to punish offenders and discourage others from driving while impaired. However, not every accusation of DUI results in a sentence. Sometimes, police officers make mistakes or overstep their authority. In other cases, the evidence may be insufficient to prove that you were impaired. If you have been accused of DUI, it is essential to consult with an experienced DUI defense attorney in Lake County who can protect your rights and help you obtain the best possible outcome in your case.

At Jerald Novak & Associates, we have years of experience defending clients against DUI charges in Lake County, Illinois. Our attorneys understand the science behind blood alcohol testing and how to challenge the results in court. We also know how to investigate the circumstances of your traffic stop and arrest to look for any constitutional violations or other grounds for dismissal. If you have been charged in Illinois with DUI, we will fight for you. Connect with us today to schedule a consultation and see how we can help.

What Is a DUI in Illinois?

DUI means driving under the influence of alcohol or drugs. In Illinois, driving with a blood alcohol concentration (BAC) of .08% or higher is illegal. For commercial drivers, the limit is .04%. If you are stopped by the police and found to have a BAC that violates these limits, you will be arrested and charged with DUI.

You can also be charged with DUI if you are impaired by drugs, even if your BAC is below .08%. Illinois law prohibits driving while impaired by any substance that makes it unsafe for you to operate a vehicle. This includes illegal drugs, prescription medication, and over-the-counter drugs. It is up to the prosecutor to prove that you were impaired, however. They will typically rely on the arresting officer’s testimony, as well as any field sobriety or chemical tests performed.

What Defenses Can I Use Against a DUI Charge in Lake County, IL?

The best defense against a DUI charge will depend on the facts of your case. Some common defenses that we have used to obtain acquittals or reductions in charges for our clients include:

• Challenging the validity of chemical tests: Chemical tests, such as breathalyzers and blood tests, are not always accurate. Sometimes they produce false positives due to user error, machine malfunction, or other factors. If we can show that the test results in your case are unreliable, we might be able to have charges against you dropped.
• Challenging the grounds for the traffic stop: Police officers must have a valid reason for pulling you over before they can arrest you for DUI. However, sometimes officers will claim that they had a valid excuse when they did not. For example, they may say that they stopped you for speeding when you were actually driving the speed limit. If we can demonstrate that the officer did not have a valid reason for stopping you, it opens the possibility of reconsidering the charges against you.
• Challenging the administration of field sobriety tests: Field sobriety tests, such as the walk-and-turn test and the one-leg stand test, are often used by police officers to determine whether a driver is impaired. However, these are incredibly subjective tests, and there are many reasons why a sober person might fail them. If we can show the officer did not administer the test properly in addition to issues with your chemical test, it may be possible to get the charges against you lowered.
• Mistaken identity: In some cases, an individual may be arrested for DUI when they were not the one who was driving. This happens in scenarios where multiple people are in the car or where the arresting officer does not properly identify the driver. If we can show that you were not the one who was driving, the charges against you should be dropped.
• No opportunity was given to contact an attorney: In Illinois, you have the right to contact an attorney after you have been arrested for DUI. You should exercise this right as soon as possible. If the police did not allow you to contact an attorney or refused to let you do so, the legitimacy of the arrest might be called into question.

What Evidence Can Support My Criminal DUI Defense?

The best evidence in your DUI case will depend on the specific facts and circumstances. Every case is different, so it is important to work with an experienced DUI defense attorney to determine what legally obtainable evidence will be most helpful in your case. Some common types of evidence that we have used in the past include:

• Dashcam footage: If the arresting officer had a dashcam in their vehicle, there may be video footage of the traffic stop and arrest. This footage can help challenge the officer’s account of what happened.
• Body camera footage: If the arresting officer was wearing a body camera, then we have full access to everything that was said and done during the arrest. This footage can help challenge the officer’s recollection of events.
• Witness statements: If there were any nearby witnesses to the arrest, their statements can be used to support your defense. For example, if a witness saw the officer administer the field sobriety tests, their statement can be used to support your claim that the officer did not follow protocol.
• Cell phone records: Cell phone records can be used to establish an alibi. For example, if you have time-stamped text messages or call logs that show you were not near the DUI’s location, we can use those records to show that you could not have been the one driving.

Contact Our Lake County DUI Lawyers Today

If you have been charged with a Lake County DUI, it is important to contact an experienced criminal defense attorney. At Jerald Novak & Associates, we have successfully represented numerous clients who have been charged with DUI. We understand the serious consequences of a DUI conviction, and we will do everything in our power to help you avoid one. To schedule a consultation with one of our DUI defense attorneys, contact us today.

Jerald Novak Law Firm, provides a Free initial consultation at our DUI & Criminal Defense firm. Call (847) 223-2285 to learn how our DUI & Criminal Defense attorney Jerald Novak, can help you! Call now!